ASHA TAMANG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.5.2008 passed by the learned Additional Sessions Judge, VIth Fast Track Court, Bichar Bhawan, Calcutta in Sessions Trial No. 3 of September, 2007 arising out of Sessions case No. 75 of 2005. By the said impugned Judgment, the learned Trial Court convicted the appellant Asha Tamang under Section 373 IPC. She was sentenced to suffer R.I. for 8 years and to pay a fine of Rs. 3000/- in default whereof to suffer rigorous imprisonment for one year more vide order dated 13.5.2008. She was, however, acquitted of the charge under Section 366B of the Indian Penal Code.

(2.) Factual matrix leading to filing of this appeal may be capsulised as under:

(3.) Several witnesses were examined and their statements were recorded under Section 161 CrPC by the Investigating Agency. It transpired from the Municipal record in course of investigation that premises wherefrom the victim girl was recovered was 5/2, D. C. Mitra Street, Calcutta. However, at the preliminary stage when the raid was conducted the premises was identified as 5, D. C. Mitra Street which was also reflected in the victim's statement as also in the seizure list. Accordingly, the relevant P.S. Case was registered indicating that the victim was rescued from a brothel at 5, D. C. Mitra Street, Calcutta. On completion of the investigation, the appellant, Asha Tamang was charge-sheeted under Section 366B/373 IPC.